defendant is entitled
to take new defence and also to plead inconsistent stand and
in view of our discussions made herein above that by making ... paragraphs 25 and 26 in that decision was not making
inconsistent and alternative pleadings but it was seeking to
displace the plaintiff completely from
SC1362 (4)
ACT:
Pleadings, amendments to--Amendment to tile pleadings to
introduce an entirely different case, under the guise of
permissible inconsistent pleas which ... substitution
of paragraphs 25 and 26 is not making inconsistent and
alternative pleadings. but it is seeking to displace the
plaintiff completely from the admissions
SC1362 (25)
ACT:
Pleadings--Inconsistent pleas--Plaintiff suing for
specific performance alleging that money was paid as
price--Defendant pleading that money was received ... loan pleaded by the defendant, even though the plaintiff had
not set up such a case and it was even inconsistent with the
allegations
easement. As already stated, a party to a suit can plead inconsistent pleas in the alternative such as the right of ownership and a right
inconsistent pleas are
permissible to be taken in the written statement, this case
is not one of inconsistence but mutually destructive of the
pleadings ... stage. It is settled law that the defendant can raise
mutually inconsistent pleadings in the written statement it
is for the Court to consider whether
himself makes.
43. The view that a plaintiff is entitled to plead even inconsistent pleas while seeking
alternative reliefs was reiterated by this Court ... plaintiff therein
was seeking alternative reliefs, he is entitled to plead even inconsistent pleas and that
the amendment of the plaint would neither change
inconsistent pleas are permissible to be taken in the written statement, this case is not one of inconsistence but mutually destructive of the pleadings ... stage. It is settled law that the defendant can raise mutually inconsistent pleadings in the written statement but it is for the Court to consider
action; nor is any different cause of action introduce. Even
inconsistent pleading can be raised by the plaintiffs at any
stage ... delay
the proceedings has come forward with pleadings at three
different stages with different and inconsistent reliefs.
Thus, it would indicate that the appellants have
easement. As already stated, a party to a suit can plead
inconsistent pleas in the alternative such as the right of
ownership and a right
inconsistent pleas are
permissible to be taken in the written statement, this case
is not one of inconsistence but mutually destructive of the
pleadings ... stage. It is settled law that the defendant can raise
mutually inconsistent pleadings in the written statement it
is for the Court to consider whether
